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Terms and Conditions

This Contract expresses the full and complete agreement between “the Client” and Marina Morgan Portraits ABN 32369202921 (hereafter “Photographer” “the Photographer”) regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this contract is to do so in writing, signed by all parties.

1. Scope of Work

This contract is for services and products related to a portraiture photography session (hereafter “session” or “the session”) to take place at the time and place agreed with the Client. Photographer and Client are to arrive for the session at the above mentioned location and time. Photographer agrees to provide no fewer than 30 photos for Client to view after the session, and is not required to provide more than this number of images. Photographer will perform post-processing or digital image editing services on these photos where artistically necessary.

2. Fees

2.1. In consideration for the photography services provided by Photographer, Client agrees to pay a non-refundable session fee – an initial payment upon accepting this contract. The initial payment reserves the Photographer’s time and is not a retainer or deposit. Product credit that might be a part of a session fee is a discount offered by the Photographers own discretion, is non refundable, non transferrable and non redeemable for cash; it can be applied towards products and services according to the current price list. 

2.2. Photographer agrees to not advertise availability of this same time slot to any other potential Clients. If Client cancels this session for any reason, the initial payment will not be returned to Client. 

2.3. Products related to the photography session must be paid in full on the day when they are ordered by the Client, according to the current price list.

3. Work Product

3.1. Photographer will deliver photos to Client no more than 15 days (fifteen days) after the date of the session. Photos from the session to be delivered to the Client as (a) prints only, (b) prints and digitals or (c) digitals only and can be customised, according to cleint’s needs in type of product, size and medium. Printed and digital packages have equal value according to the current price list.

3.2. All photos delivered to Client are licensed for Client’s personal use and exclude priting license.

3.6. Client understands and agrees that proofs are the exclusive property of Photographer and Client has no right to these photos except for a license to review them, but not store the proofs.

4. Indemnification

4.1. Photographer and Client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the session. Client must notify the Photographer in writing if they wish to have anything photographed in a particular way. Photographer will not be held accountable for not photographing desired portraits, if there is no one to assist in identifying these particular details and photographs on the day. Photographer is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to the Photographer or beyond the Photographer(s) control.

4.2.  If Photographer is unable to perform the services in this contract due to any cause outside her control, Client agrees to indemnify Photographer for any loss damage or liability; however, Photographer will return in full all payments made by Client to Photographer in relation to this session.

4.3. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.

4.4. Client understands and agrees that Photographer is not required to maintain copies of the photos from this session 60 (sixty) days after the photos have been delivered to Client.

4.5. Client agrees to hold Photographer harmless for any personal injury which may occur as the Client poses or works with Photographer.

4.6. Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of Client.

4.7. If Client appears under the influence of alcohol or drugs during the session, the Photographer has the right to cancel the session immediately due to liability and health concerns arising.

6. Model Release

6.1. Client grants permission to Photographer to use agreed Client’S image or likeness on Photographer’S website without the Client’s name disclosure; to alter the same without restriction; and to copyright the same.

6.2. The Client hereby releases the Photographer and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to the Photographer’s use of said images.

7. PAYMENT PLAN AGREEMENT

The Client will make payments as set forth on Schedule 1 in the final invoice. The Client has a right to make the payments before they are due.

If Client makes a partial prepayment, there will be no change to the due date or in the amount of the monthly payment. If the Photographer has not received full amount of any scheduled payment within 15 calendar days after the date is due, Photographer may assess a late charge to Client of 10% of any overdue payment.

If Client defaults in the performance of any obligation under this agreement, Photographer may declare the principal amount and a late charge owing immediately due and payable. No modification or waiver of any provision of this Agreement shall be effective unless executed in a writing signed by both parties.

This Agreement contains all terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements, whether oral or in writing. If any part of this agreement is declared invalid or unenforceable, the remainder shall continue to be valid and enforceable.